YOUR RIGHT TO CHANGE YOUR REHABILITATION PROVIDER

Navigating the path to recovery after an injury can be challenging, especially when dealing with the complexities of Compulsory Third Party (CTP) or workers compensation claims in New South Wales (NSW). An integral part of this journey is engaging with a rehabilitation provider who can guide and support your recovery. However, what happens if you feel that your current provider isn’t meeting your needs? In this edition of the Advantage Legal ‘Compensation Insider’ series, we explore understanding your rights to change your rehabilitation provider, ensuring that you are receiving the best possible care.

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WHY REHABILITATION PROVIDERS MATTER

Rehabilitation providers play a vital role in the injury recovery process. They assess your treatment and care needs, develop a rehabilitation plan and coordinate various services to help you regain your independence, return to work and daily activities. The right rehabilitation provider will work collaboratively with you, your doctor, and your employer (if applicable) to tailor a plan that suits your specific circumstances.

THE RIGHT TO CHOOSE YOUR PROVIDER

In NSW, both CTP and workers compensation schemes recognise your right to choose your own rehabilitation provider. This choice is fundamental to ensuring you receive care that aligns with your preferences and needs. There are a number of reasons why an injured person may want to change rehabilitation providers. Examples include: (i) the perception that the rehabilitation provider is not impartial and only serves the insurer’s interests, (ii) poor communication, (iii) lack of progress or accountability (iv) personality mismatch (v) a perceived lack of understanding of what the injured person is going through.

Many rehabilitation providers will only deal with insurance companies. If you do elect to choose your own rehabilitation provider, it is essential that you ensure that the provider will discuss your treatment, rehabilitation and return to work goals with both your lawyer and your insurer. This ensures equal access to information regarding your rehabilitation and creates a transparent working environment without perceived or actual bias. It also allows your lawyer to review rehabilitation reports shortly after treatment or return to work activities have occurred and to query any errors or omissions which may be of relevance to your rehabilitation or compensation claim. Ultimately, this integrated approach supports a more comprehensive and just resolution, safeguarding your rights and maximising your chances for a successful recovery.

STEPS TO CHANGE YOUR REHABILITATION PROVIDER

By following these steps, you should be able to successfully change your rehabilitation provider:

  1. Clearly understand why you want to change providers.
  2. Look for providers who specialise in your type of injury and have a good reputation. Consider seeking recommendations from your doctor, friends, or online reviews. Once you have selected a provider, ensure that they are authorised to operate in the NSW CTP and/or workers compensation scheme.
  3. Inform your CTP or workers compensation insurer of your intention to change providers. Provide them with the reasons for the change and the details of your new preferred provider.
  4. Obtain insurer approval. The insurer will typically need to approve the change. They may request additional information or an assessment to ensure the new provider is suitable for your needs.
  5. Transfer your rehabilitation plan. Once approved, work with both your current and new providers to transfer your rehabilitation plan and any relevant medical records. This ensures continuity of care and minimises disruption to your recovery process.

THE IMPACT OF THE RIGHT PROVIDER

Changing to a rehabilitation provider that better suits your needs can significantly improve your recovery journey. A supportive and active rehabilitation provider will help you achieve your recovery goals more efficiently, improving your overall well-being and quality of life.

Your recovery journey after an injury is personal and unique and you deserve a rehabilitation provider who understands and supports your needs. By understanding and exercising your right to change rehabilitation providers, you can take an active role in your recovery and ensure you receive the best possible care.

Remember, the key to a successful recovery lies in a collaborative and supportive relationship with your rehabilitation provider. Do not hesitate to make a change if it’s in your best interest. Your health and well-being should always come first.

WHAT IF I AM PREVENTED FROM CHANGING REHABILIATION PROVIDERS?

If you encounter resistance or difficulties in changing your rehabilitation provider, consider seeking legal advice. Legal professionals specialising in CTP or workers compensation claims can provide guidance, advocate on your behalf and ensure your rights are protected throughout the process. You can also consider lodging a complaint with the Independent Review Office (IRO) or the State Insurance Regulatory Authority (SIRA) who will make enquiries with the relevant insurer to ensure all claims handling processes have been adhered to.

THE KEY POINTS TO REMEMBER

  • In NSW, you have the right to choose and change your rehabilitation provider in both CTP and workers compensation schemes, to ensure that you receive care that aligns with your specific needs.
  • To change providers, identify the reason for the change, research new providers, ensure they are approved to provide treatment in the NSW CTP and/or workers compensation scheme, advise your insurer, obtain approval and ensure a smooth transfer of your rehabilitation plan and medical records.
  • Always inform your insurer of your intention to change providers. They will need to approve the new provider, ensuring they meet your recovery requirements.
  • If you face difficulties or resistance in changing providers, seek legal advice. Legal professionals can advocate on your behalf and ensure your rights are protected throughout the process.
NEED ASSISTANCE?

Advantage Legal’s Principal Solicitors are Accredited Specialists in NSW personal injury law and are the Exclusive Compensation Legal Partner of Bicycle NSW. We offer no-win, no-fee billing and guide you through every step of the compensation claim process including working with treatment and rehabilitation providers to fully understand how your injuries are impacting you. We also pay your upfront claim investigation fees such as specialist medical reports to ensure there is no financial burden on you throughout the progression of your claim, and only seek reimbursement at the successful conclusion of your claim.

This article is for educational purposes only and should not be relied upon as legal or financial advice. Readers should be aware that compensation law and policy documentation changes regularly and may impact the accuracy of the information contained within this article, which is current as at 1 June 2024. Any person relying on the information contained within this article does so at their own risk. 

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IMPORTANT INFORMATION
This website has been updated to reflect changes to NSW motor accident injury scheme. These changes apply to people injured in motor accidents on or after 1 April 2023. Please note that if you were injured in a motor accident before 1 April 2023, different time limits and compensation entitlements apply to your claim. Contact our team for more information.
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